Nevertheless, this principle has been codified in Article 62 of the VCLT, although its scope has been severely restricted. Article 62 (1) is drafted it negative terms, stating that a fundamental change of circumstances which has occurred since the conclusion of a treaty, and which was not foreseen by the parties, may not be invoked as a ground for terminating or withdrawing from the treaty unless:
(a) the existence of those circumstances constituted an essential basis of the consent of the parties to be bound by the treaty; and
(b) the effect of the change is radically to transform the extent of obligations still to be performed under the treaty.
This is further restricted by Article 62 (2) which states that fundamental change of circumstances may not be invoked as a ground for terminating or withdrawing from a treaty if the treaty establishes a boundary or if the fundamental change is the result of a breach by the party invoking it either of an obligation under the treaty or of any other international obligation owed to any other party to the treaty.
If these conditions are met, Article 62 (3) allows a state to suspend the...